Madras High Court
Mrs.M.Saritha vs The Director General Of Police on 4 December, 2014
Author: M.M.Sundresh
Bench: M.M.Sundresh
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.12.2014 CORAM THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.No.33377 of 2012 and M.P.No.1 of 2012 & 1 of 2013 Mrs.M.Saritha ... Petitioner Vs. 1.The Director General of Police, Office of Directorate General, Kamaraj Salai, Chennai 4. 2.The Superintendent of Police, Thiruvallur District, Thiruvallur. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of certiorarified mandamus calling for the records of the 1st respondent in relation to the issuance of the impugned communication R.C.No.182446/CA1/2012 dated 12.10.2012 and quash the same and further direct the respondents to appoint the petitioner in a suitable post. For Petitioner ... M/s.I.Abrar Mohamed Abdullah For Respondents ... Mr.R.Lakshmi Narayanan , Additional Govt. Pleader for RR1 & RR2. O R D E R
The writ petition is filed to issue a writ of certiorarified mandamus calling for the records of the 1st respondent in relation to the issuance of the impugned communication R.C.No.182446/CA1/2012 dated 12.10.2012 and quash the same and further direct the respondents to appoint the petitioner in a suitable post.
2. The petitioner's husband late G.Muthuvel, Gr.I PC 340 has joined the Tamil Nadu Police Service as Police Constable on 13.10.1997 and thereafter promoted as Gr.I Police Constable. Due to illness, he died on 14.07.2011 leaving the petitioner and two daughters, aged about 8 years and 5 years respectively.
3. The petitioner made a request on 13.10.2011 seeking appointment on compassionate grounds. The request of the petitioner was sent by the 2nd respondent to the 1st respondent by way of proposal. The petitioner's name was included in the waiting list as Junior Assistant Post as Srl.No.2166 (changeable). It was also intimated to the petitioner as per endorsement dated 15.10.2012.
4. Thereafter, the petitioner filed writ petition before this Court. In W.P.No.23587 of 2012 dated 07.11.2012, the 1st respondent was directed to communicate the petitioner, place of the petitioner in the waiting list, within a period of four weeks from the date of receipt of the copy of the order.
5. The learned counsel for the petitioner submitted that an exhaustive procedure has been prescribed in G.O.Ms.No.23 Labour and Employment Department dated 10.02.1993. As per the said G.O., creation of supernumerary post have been ordered. It was also ordered to keep the supernumerary post pool. The said pool is required to be used as a cushion to clear the backlog and streamline the vacancy. In the G.O., it has also been stated that an applicant can be considered even on a temporary basis. Therefore, the learned counsel submitted that the writ petition will have to be allowed by setting aside the order dated 12.10.2012 and consequently the respondent will have to be directed to appoint the petitioner in a suitable post.
6. The learned Government Pleader, based on the counter affidavit filed would submit that the petitioner has been placed in the waiting list and as and when her turn comes, she would be considered. It is also submitted that there are many persons in the queue above the petitioner and therefore she cannot claim any post in the matter of right. Admittedly, the G.O. relied upon by the petitioner has not been complied with.
7. The object of the compassionate appointment is to give a immediate relief to the family of the deceased employee who dies in harness while in service. By keeping the applicant in waiting list for number of years, the very object of the appointment itself would be defeated.
8. This court is of the considered view that on the earlier occasion, the scope and applicability of the G.O.Ms.No.23 Labour and Employment Department dated 10.02.1993 has not been considered. The petitioner herein is a young widow having two minor girl children. She has been kept in the waiting list from the years 2011 onwards. By making a realistic view of the waiting list in which she is placed, it will take atleast a decade for her to get the employment. The other candidates who are waiting in the queue have not made out any grievance. Even in the G.O relied upon by the learned counsel for the petitioner, it has been stated that the temporary appointments can be made.
9. Considering the above, though this court is of the view that the petitioner cannot be made to score over the others waiting in the queue, it is a fit case where the respondent will have to be directed to give a suitable temporary employment to the petitioner till her turn reaches, taking note of the G.O.Ms.No.23 Labour and Employment Department dated 10.02.1993.
10. Accordingly, the writ petition is disposed of directing the respondents to pass appropriate orders in this regard, within a period of eight weeks from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petitions are closed.
04.12.2014
Index : Yes/No
rgr
To
1.The Director General of Police,
Office of Directorate General,
Kamaraj Salai,
Chennai 4.
2.The Superintendent of Police,
Thiruvallur District,
Thiruvallur.
M.M.SUNDRESH,J.
Rgr
W.P.No.33377 of 2012
04.12.2014